I plan on leaving my child's father off of the birth certificate for many reasons. The most important one being that he's told me he'd take her and run. I'm not interested in going through court. I know that he can file for his rights afterwards and then I'd disappear. I just want to know if he can demand she be DNA tested at the hospital and demand rights as well then and there.
If you are not married, he does not have the "right" to sign the Birth Certificate. You control that entire process, and if you tell the Health Department lady that he may, or may not be the father, she will stop further actions on his part. For reasons having to do with the birthing process, Biological Mothers are immediately recognized as the Legal Mothers by the Courts. Biological Dads, not so much. Only the Mom knows FOR SURE whether or not there is a sole contender for the title "Biological Father". And, if the Mother has doubts, then no one knows for sure. The Courts take the position that, until paternity has been established by a Court, the guy making the claim could be Chester the Molester just trying to get control of this child for nefarious purposes. So, he has to file a Paternity case in the local Courthouse, (along with his case for custody or Court ordered visitation) and in 6 to 9 months if all goes well, he could have a Decree of Paternity (along with a 17 year obligation to pay child support). He can ask the Court to order custody and/or visitation at the same time it decides he is the Biological Father. Until then, you can take the child and move to Europe, and there is no way to stop you that I know of.
This is a matter best considered under the applicable State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. Once you are comfortable with he or she, hire them to represent you. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Or, if I really hit a home run, write a positive Review. Good luck!
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and unless this is a Maryland case, I am not licensed to practice law in your State. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should not rely on this information to make decisions. I urge you instead to consult with a local attorney.
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